Image Copyright
=What Copyright Is= Copyright is just what the name implies, the rights to copy the work. It is the inherent right of the creator of a creative work to control how, where and when the work is used or displayed, in print, on the web, or in any other form. These rights last until you sell them (allowing a work to be published, whether on the web or elsewhere does not automatically surrender your rights to it), or until they expire. Expiration of copyright occurs 70 years after the death of the creator. To automatically own the copyright to something it must be your work, not a copy of someone else's, it can't be a utilitarian object (you can't copyright your fridge), and it must be created (you can't copyright an unrealized idea). =What Is Covered Under Copyright= Copyright covers several things. This includes: *The right to copy the original work. *The right to alter the original work and make other works deriving from it. *The right to distribute the work, whether that be permanently or temporarily. *The right to display your work in public, and to choose where it is and is not displayed. =Why Copyright Is Important= The laws for copyright vary greatly between text and images. Text, while also a creative labor, is generally more plentiful and less tempting to steal as it is, for the most part, easier for the majority of the public to create with some level of quality. Let's face it, we all have to learn to read and write growing up, but drawing and design lessons are far from required grade school curriculum. In the past, steal copyrighted images could be a difficult process. With the advent of the internet, stealing copyrighted work can be as easy as right clicking. As such, it becomes increasingly simple for those right clickers among us to feel no guilt, concern for the creator, or, well, even think that they might be hurting someone. With the combination of the ease and instant gratification associated with grabbing images off the net and the prevalent idea of the starving artist perpetrated by the modern art movements of the 20th century, many have come to feel they are entitled to take and use images on the web to whatever end they wish, with or without credit to the artists, much less permission. This makes it increasingly important for illustrators, photographers, designers and other artists to protect themselves, as well as moving to change the perception that if it's on the internet, it's free for the taking. For those surfing the web, it's a very simple matter of respecting your fellow man. No matter how skilled the creator, art does not magically appear. With the time and effort invested, never mind the legality, it is only polite to not only ask permission, but to credit the artist if you use it, and respect their wishes if they ask you not to. Throw in the insane cost of art school (most art schools are private and can cost more than ten times what education at a liberal arts school of the same level can) and it's straight out insulting when someone wants to chop up someone else's work to make an avatar or forum sig, all because it was there and therefore free to use, without consent and often without credit to the artist. Think of the net like a museum; look but don't touch. For artists out there, be they amateurs, students, or even pros just wanting to do something nice, copyright can be very important, even if you're doing fanart (where you generally don't own the rights to the characters portrayed anyways, only the image itself.. more on this later), or gifting art. Even if you have no intention of making a profit off a project, consider these two things: Are you willing to risk someone else taking credit and making money off of your work, and are you willing to cost another artist a job, not because the client found a better artist, but because they could get something else for no cost? This may seem like a stretch, but it does happen. You may feel like you don't care if someone else uses your work, but are you sure you would maintain that stance if you walked into a store and saw that that doodle you didn't care about was turned into a multi-million dollar, international ad campaign and someone else was credited with it? Chances are, if at no other time, when it came time to pay the bills or your car died and you didn't have the money for another, you'd care. =Simple Ways To Protect Yourself= *Always sign your work, or otherwise mark your work as copyrighted. It's a simple thing, but it helps. *When placing work on the internet, make sure you are using a spot that marks work as copyrighted, and use the correct copyright tag. If nothing else, placing "copyright Your Name " in the description or notes gives you something to go back to so someone can't use the defense of, "I didn't see copyright information, so I assumed it was free to use." *Anytime you let anyone else use your work, make sure you outline how they can use it. If someone asks if they can use your work on their website, ask what they want to do with it. It generally only takes one additional email and it helps prevent further complications. *If you find your work being used without your permission, you don't always need a lawyer and the whole, expensive, deal. Try sending the webmaster a polite email asking that they credit you/take it down (whatever works for you). Chances are they have no clue where it came from and will comply with your wishes without a second thought. If this doesn't work you can send a cease and desist letter. There are many sources for free copies with all the legal babble already written. All you have to do is fill out the specifics. Should this fail also, if nothing else, an ignored cease and desist letter goes a long way to help you in court should it end up there. *Keep records. Do you use reference? Did you use a model? Artists often fail to consider that they, too, can end up on the wrong side of the copyright law by incorrectly using reference. If you use a stock photo, make sure you save the book or keep a print out of the webpage (or screenshot) that includes the web address, image, and the note that it is stock. It doesn't hurt to keep note of the date you accessed it too. If you use a model, have them sign a model release. Even if your model is a good friend, family member, or significant other, remember that estrangements, divorce, fights, and break ups happen. On a less pessimistic note, it also helps to have that documentation at hand should a site moderator feel it needs to be checked on. =Things Non-Artists Should Know Too= *This is law. It is not site policy or otherwise local rules. *If it doesn't have copyright information, that doesn't make it free use. In fact, it's not unlikely that it lacks that information because it's already stolen work. *Fair Use does NOT cover altering other's artwork (coloring, recoloring, photo-manipulations), using work without crediting the artist (no matter what it is used for), or use on private sites. A gaming wiki does NOT count as a Fair Use educational source. *Coloring, recoloring, photo-manipulating, screenshotting, etc. another person's work does not make it yours. It doesn't matter how many hours you spent playing with it. *You CAN be sued. It may seem far fetched, but it can happen. If you have doubts about this, reference the first note in this section. *WE can be sued. If any of this seems harsh, or our enforcement of it does, keep in mind that if something ends up on the wiki that is property of someone or something with the right group of legal representation, there may be consequences for someone other than yourself. =Image Licenses Used On This Site= *'Screenshot or game model.' This is for all modelviewer and in-game screenshots which are really property of Blizzard, but which they so nicely let us use. *'I don't know the license.' As a general rule, if you don't know the license, don't post the image here. If it is your creation, but you are not sure how to add license information, contact Eupheria and she will be happy to help you figure it out. If you need to use this while seeking the license information, do it quickly. You will have one week to provide license information before images with this tag are deleted. *'I found this somewhere.' If you just found it somewhere, you likely shouldn’t be posting it here. Images posted with this license have one week to be marked with the correct information before they are deleted. *'Free Licenses.' These are copyleft licenses that are a whole different thing. The basics as far as this article is concerned can be summed up as this: if you find something marked under GDFL or another free license elsewhere, you can use it here, but you must cite the source and creator, otherwise, only the creator can release things as a free license. There is ample information of this here. This is the default license on any Wikia wiki. *'Public Domain.' Public domain is for intellectual property that is not owned by anyone, most commonly created when a copyright expires. *'Fair Use.' Fair Use is probably the most commonly cited excuse by people using things that aren't theirs on the internet. Fair Use is primarily for use of work without permission, but with citation, for academic, non-profit scholarship. It is also primarily for text. This is what allows you to quote a book in your term paper without having to contact the author and get his or her permission. It also takes into account factors such the nature of the work being cited, the amount of it used, and the potential affect on the value of the work. On a gaming wiki, Fair Use is likely not the license you are looking for. Move along. *'Copyrighted, but use is permitted by copyright holder in the context of this wiki.' This is the tag that should apply to most non-screenshot images on this wiki. This tag allows display of the material in the context of this wiki while maintaining the artist's rights to their work. Refer to the "What Is Covered Under Copyrights" section of this article for what rights that entails. *'Copyrighted, but may be used under specific conditions.' This tag is for providing your own conditions under which an image may be used. =Basic Rules Regarding Image Upload= *If you don't know the license, don't upload it. *Be sure to put license information on every image, including citing the creator and/or providing a link to the source. Images without this information a week after upload can and will be deleted without notice. *Only the copyright holder can release an image for use. If you are uploading an image that you do not own the copyright to, be prepared to prove that you have permission should an issue arise. *If you upload an image you own the rights to, but did not create, be prepared to show a moderator the contract transferring the rights. *Images uploaded should be pertinent to the wiki they are added to. *For fanart, please limit contributions to those created by or commissioned by members of the Earthen Ring community *For images found under free licenses, public domain or GDFL an artist must still be cited and a link to the source where you found the image must be provided. Images without this information a week after upload can and will be deleted without notice. *Moderation staff reserves the right to change these rules as needed. =References= 2008 Artist's & Graphic Designer's Market. Erika O'Connell and Michael Schweer, eds.,33rd ed., Cincinnati, OH: Writer's Digest Books, 2007. Carter, Mary E. Electronic Highway Robbery: An Artist's Guide to Copyrights in the Digital Era. Berkeley, CA, 1996. Crawford, Tad. Legal Guide for the Visual Artist. 4th ed. New York, NY: Allworth Press, 1999. Norwick, Kenneth P., Chasen, Jerry Simon. The Rights of Authors, Artists, and other Creative People. IL: Southern Illinois University Press, 1992. =External Links= copyright.gov Where you can find the actual U.S. copyright law in all of its legal wording glory. Category:Help